c.c. v HSBC ***SETTLED IN FULL***

[c.c.fowlston]

After looking at the process for a while I put in a claim against HSBC for 3000. I did this on the 31st of May. I heard nothing from them, so on the 21 June (1st date I could) I entered a plea for a judgment by default. This was accepted and has been posted on to them. It is now 27th june and I have not received any word or payment from HSBC at all. The next step is to enter an "enforcment warrent". This enables the courts to send out the baliffs to collect the money from them. (Wouldn't that be cool). Does anyone know if the is a lenght of time that I should wait? It will cost me another 120 to do this but I would pay twice that if I could be at the bank when it happened to see their faces.

 

I made the claim through Moneyclaim and it just feels weird that all of this process has happened with no contact from the bank at all. Does anyone have any idea what to do?????????? When I have read past cases the bank has always seemed to make an offer at some point or repay the money straight away. I feel I have done all that I should and still have no result for all of the hard work I put into it.

[jonni2bad]

I think it's very strange that they did not Acknowledge the claim, but wouldn't be the first.

 

It's likely that they would now seek a 'set aside' - possibly claiming never to have received notification of the court case.

 

Did they previously respond to your initial requests by letter?

[c.c.fowlston]

They did acknowledge papers from court but that was it. Had no offer made and no metion of getting any either. Could they still get the case set aside if they acknowledged the claim?

[c.c.fowlston]

When we were writing to the bank to ask for the charges back we received the bog standard letter in reply. These two responses are all we have heard.

[jonni2bad]

They could still apply for, and get, a set aside, but not submitting a defence in time is not going to help them.

 

The best thing to do is to ring the court nd get confirmation of the timescales involved - i.e. when can you enforce the debt - I don't know this off hand.

 

Be sure to include subsequent court costs when seeking recovery.

 

If you get to enforcement, let us know and we can try to publicise it.

[c.c.fowlston]

Have been on to the courts this morning. They have told me that a judgement has been issued by default on the 21st june. They have said that I am now within my rights to send in the baliffs. I asked them if it would be worth ringing the bank to see if they intend to pay up, they said to try it. Just got off the phone to the bank and they have said that they do have some corrispondance on file from me but that it has been sent to their legal department. Have been told that I will get a call back today regarding this issue. I am usure what to do. Should I wait a couple of hours and if I hear nothing then put out the warrent or should I just screw them now?

[GriffinGrumbler]

Personally, I think it's an oversight on their part - they have probably got so many to deal with that they have missed yours - I wouldn't get heavy until you are sure about what has gone on.

 

You need to get in touch with their solicitors, I think (who are handling all the post-action stuff), and have a sensible telephone conversation - chances are they will escalate your claim and offer you a settlement sharpish.

 

There are contact details for DG somewhere in the HSBC forum.

 

Does anyone disagree with me? - HSBC have behaved with similar patterns for all claims so far, this seems to be an exception.

[Spiceskull]

CC will be back shortly with an update - some PMing and phone calls have resulted in more clarity being brought to bear.

 

See the steps I took to get my bank charges back.

Spiceskull v HSBC.

Thank you Consumer Action Group.

Read my blog.

 

[c.c.fowlston]

Today has been fun.

It started with a call to moneyclaim to see how things were going. We found out at this stage that because the bank had not paid we could issue a "warrent" for the money we were owed from the bank as we had been issued a judgment by default.

 

We called the bank to ask if they were going to pay and they passed us from pillar to post.

 

In the mean time we were getting advice from several people off this site. (thank you). We decided to call the bank back and ask them for the money to be paid into our account today, if it wasn not paid in then we would issue a warrent for it. We even asked if they wanted the baliffs to go to our local branch or head office. (They said head office as that was where the legal dept was)

 

The man we spokes to said that he would speak to the legal dept and then let us know what was happening. He called back an hour later and told us that 3300 would be in our account by the end of toay. This is the full amount that we were owed. This bit of news has suprised us as we were prepared for the fact that they would drag their heels for a lot longer. There was talk that the bank could have got the order "set aside", which would in effect take us back to the beginning of our claim, but luckly they haven't. Lets just see now if the money goes into our account today!!!!!!!!!!!!!!

 

Thank you to all of the people who have offered advice and support to us today, it was much needed and appreciated. Will let you know if the money goes in and make a donation tomorrow.

[Spiceskull]

Great result - well done.

 

See the steps I took to get my bank charges back.

Spiceskull v HSBC.

Thank you Consumer Action Group.

Read my blog.

 

[maverik1979]

fantastic news, bet you were getting more than a bit nervous there

[c.c.fowlston]

Just a bit but I will reserve judgement until the money is in my bank. Should show up by 00.01

[c.c.fowlston]

just abit. See if the money is in my bank at 00.01. If not go ahead as planned.

[Spiceskull]

Let us know - we are getting nervous...

 

See the steps I took to get my bank charges back.

Spiceskull v HSBC.

Thank you Consumer Action Group.

Read my blog.

 

[c.c.fowlston]

The money went in at midnight. Thank god that it is over. Well that is unless they try to charge us again in the future. :D

[maybelline]

Well done, thats great news! after all, remember it is YOUR money not theirs.

[jonni2bad]

CONGRATULATIONS

This is great news, well done.

Would you please fill out our survey - Bank Charges Refund Survey

(and don't forget we can only survive if we get donations!! cough cough)

 

 

[nutmegman]

Hi,

 

Well done, I am new to this and need to get a claim rolling for my wife as HSBC have taken her for a mint for a long time.

 

From reading this site the steps i should take are;

 

1, request DPA letter (where do i send this too)

2, Issue 1st claim letter to HSBC ask for reply in 14 days(where do i send this)

3, Issue 2nd claim letter giving them another 14 days

4, If not payment then use moneyclaim through the small claims court

 

One final question, are people asking for there overdraft interest back?

 

Thanks

 

I will keep you posted on progress.....

[c.c.fowlston]

Hello

 

We sent all of Data Protection Act and letters to our local branch. Maybe this is why they didn't defend the case. We were told by hsbc they had to send it to headoffice when they received it. I think someone made a mistake with the forms and we got lucky.

 

So far you seem to be going in the right direction. Make sure you keep all your paperwork together and log any calls that you get from the bank along with a brief note of what they regaurded. If in doubt when the bank contact you say you want everything in writting and as such dont wish to carry on a discussion with them.

 

Dont let the phase you keep to the stratagy and you will be fine. You will get a standard letter that basically dismisses you, IGNORE IT.

 

We didnt ask for the interest but I think that you can. We got interest on what they owed us at8%.

 

GOOD LUCK and let me know. Enjoy dreaming of what to do with the money.